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Terms & Conditions

Terms & Conditions

These terms and conditions govern all supply of goods and services ("products") by Romantic Gestures Ltd "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.RomanticGestures.co.nz ("the website"). They are effective from 4 April 2021 and will replace all earlier Romantic Gestures Ltd terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.

We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.

To make a purchase from our online shop you must be 18 years of age or over.

Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).

If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.

Availability and supply

All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.

Delivery and delivery charges

Prices for goods and services stated on our website are exclusive of any applicable delivery charges unless otherwise stated.

We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary in your online shopping basket.

We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.

Pricing

All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.

Payment options

We accept the following credit cards: Visa, MasterCard and American Express through our Stripe facility.

We also accept payment from an online bank account.

Credit Card Security & Payments

Security of your financial details is purely your responsibility and you must ensure all steps are taken prior to making any online transactions, Romantic Gestures Ltd will not be liable for any circumstances or situation for any unfavourable events compromising your financial details.

Payments made by POLi or Internet Banking incur no extra fees.

When selecting Stripe to make your payment, a 3% (of the total invoice cost) +$ 0.45c transaction fee will be added (not listed) to the total cost.



Shipping and delivery

At Romantic Gestures Ltd, we take great care to ensure you get your product delivered in the best possible condition. Once dispatched our courier company, Post Haste will endeavour to deliver to you in a timely manner. Please make sure your delivery address is correct when you place your order. Should your order contain perishable goods, please provide an address where it will be handed to the receiver to maintain the quality and freshness of it.





Upon Confirmation of your order you will receive a tracking number for your delivery.



Returns

As some of our products contain perishable items we are not able to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act 1993 to provide a remedy.

If your delivery has been damaged in transit or our product is faulty please contact us immediately by emailing russell@RomanticGestures.co.nz so we can provide an appropriate solution. We will replace or refund your purchase in full by either sending a replacement order or crediting your credit card or bank account. If a non-perishable product needs to be returned, items must be sent within 5 days of receiving them and include your reason for return. Should a refund be provided, it will be actioned within 7 days. Note: we are not responsible for the postage cost of the returned items, unless the product is deemed faulty.



Liability Limitation

Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.

To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

Applicable law and jurisdiction

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where our business or organisation is based.

Privacy policy and Confidentiality

Romantic Gestures Ltd has implemented this privacy policy to safe guard your details as well as maintaining your trust and our dedication to you. Our privacy statement contains the following important information:
• Collection of your personal information
• How we use and disclose your personal information
• Security of your personal information
• How to access, correct or update your personal information
• How to contact us

Collection of your personal information
The types of personal information that we collect from you will depend on how you use this web site and how you interact with us. For example, when purchasing products on line we collect details such as your name, address, mobile and e-mail address. When you use this website our Internet Service Provider (ISP) may make a record of your visit and log your server address, your domain name, the date, time and duration of your visit, the pages and documents you accessed, the previous site you had accessed (i.e. the referring URL) and the type of browser you are using. This information is collected for statistical purposes only and Romantic Gestures Ltd will not make any attempt to identify users according to their browsing activity. In the unlikely event of an investigation, a law enforcement agency or other government agency may exercise its legal authority to inspect our ISP's logs. It is also possible that your ISP is logging your activity while you visit our site. This is obviously beyond the control of Romantic Gestures Ltd. While you are visiting our site we may use cookies to facilitate a more personalised web browsing experience except where you volunteer personal or business information we will not procure information about you via any alternative means while you visit our site. We will not collect any personal information from you revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or details of health, disability or sexual activity or orientation.

Exceptions to this include:
* Where you have given consent to Romantic Gestures Ltd to do so by way of entering your details in any one of our opt ins
* Where there are reasonable grounds to believe that disclosure is necessary to prevent a threat to life or health
* The use is authorised by law or reasonably necessary to enforce the law; or when the information is necessary for the establishment, exercise or defence of a legal claim.

How we use and disclose personal information
The personal information that you provide to us during interaction on this site, and in other interactions between us, is used to provide you with better service for the supply of our products and services to you. The information we gather from your use of this web site enables us to provide more personalised products and services that are tailored to your needs. Romantic Gestures Ltd will not sell, rent or trade your personal information to third parties. Any personal or business information which you do supply will only be used internally at Romantic Gestures Ltd and will not be divulged to a third party unless that third party is integral to the purpose for which you gave us the information (eg, delivery companies will be supplied with delivery information) or where required by law. We will only use and disclose information about you for the purpose for which you gave us that information. We may use and disclose information about you for a purpose other than the purpose for which you gave us the information where:
* You would reasonably expect us to use or disclose the personal information for that other purpose
* That other purpose is related to the purpose for which you gave us the information
* You have given us your consent for the personal information to be used or disclosed for the additional purpose
* Where there are reasonable grounds to believe that use or disclosure is necessary to prevent a threat to life or health
* Where we suspect that unlawful activity is or has been engaged in and we use or disclose the personal information to investigate the suspected unlawful activity
* The use or disclosure is authorised by law or reasonably necessary to enforce the law

Romantic Gestures Ltd may also use your personal information for direct marketing. We may only use your personal information or data for direct marketing in relation to promotional activities where it is impracticable for us to obtain your prior express consent. However, when we do this, we will provide an express opportunity when we first contact you to decline receiving any further marketing communications from us, via an opt-out mechanism. We will only record your e-mail address if you send us a message. Your e-mail address will only be used for the purpose for which you have provided it and it will not be added to a mailing list or used for any other purpose without your consent. We will only send e-mails to you if you have elected to receive such e-mails or if they are in response to an email we have received from you.

Security of your personal information
We will take all reasonable steps to ensure that all personal information we collect, use or disclose is stored in a secure environment accessed only by authorised persons. Romantic Gestures Ltd employs advanced data encryption technology when interfacing with its customers, suppliers and other partners, users should be aware that there is a residual risk in transmitting any data electronically. This risk is inherent in all internet dealings.

How to access, correct or update your information
We will take all reasonable steps to ensure that all information we collect, use or disclose is accurate, complete and up-to-date. Please contact us if your details change or if you believe the information we have about you is not accurate or complete. We will provide you with reasonable opportunity to access your personal information and have it corrected or updated. A fee may apply to such access.

Exceptions to your access rights include:
* Where providing access will pose a serious threat to the life or health or any individual or pose an unreasonable impact on the privacy of an individual
* Your request for access is frivolous or vexatious
* Where the information relates to existing legal proceedings between Romantic Gestures LTD and you and the information would not be discoverable in the process of those legal proceedings
* Where providing access would be unlawful, may prejudice an investigation of possible unlawful activity, may prejudice enforcement of laws, or denying access is specifically authorised by law

Please click on the Contact Us section to contact either Natasha or Russell regarding any of the information contained on this page.

This policy is in accordance with the Privacy Act 1993





General Conditions

We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.RomanticGestures.co.nz/

If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.

Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.

We may deliver notices to you by sending them to an email address that you have notified to us

 

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